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Court File No.

CV-11-9532-00CL TRONIA

ONTARIO yxutsrponmlihedcbaYXWUTSRPONMLKJIHGFEDCBA
SUPERIOR COURT OF JUSTICE
COMMERCIAL LIST

THE HONOURABLE TUESDAY THE 22nd DAY

MR. JUSTICE HAINEY OF MAY, 2018

IN THE MATTER OF the Companies' Creditors Arrangement


tsrponmigedcaXKCA
Act, R.S.C. 1985, c.C-36 as amended

AND IN THE MATTER OF a Plan of Compromise or


Arrangement of Crystallex International Corporation

CRYSTALLEX INTERNATIONAL CORPORATION

Applicant

ORDER

THIS MOTION, made by Tenor KRY Cooperatief U.A., Tenor Special

Situation I, LLC and Luxembourg Investment Company 31 S.a.r.l. (collectively, "the DIP

Lender"), seeking the dismissal of the Motion commenced by Edesio Biffoni, Gerald

Cantwell, Robert Danial, Justin Fine, Steven Kosson, Colin Murdoch, Grant Watson and

David Werner (the "Ad Hoc Shareholder Committee"), the Notice of Motion for which

is attached as Schedule A (the "Ad Hoc Committee Motion"), was heard on March 28,

2018 at 330 University Avenue, Toronto, Ontario.

ON READING the Motion Record and Compendium of the DIP Lender, the

Motion Record and Compendium of the Ad Hoc Shareholder Committee, the Factum

and Reply Factum of the DIP Lender, the Facta of the Ad Hoc Shareholder Committee,

the Applicant, and Marc Oppenheimer and Robert Fung, and hearing the submissions
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of counsel on behalf of the DIP Lender, the Ad Hoc Shareholder Committee, the

Applicant, Marc Oppenheimer and Robert Fung and the Monitor, and in the presence of

counsel for Computershare Trust Company of Canada in its capacity as Trustee for the

holders of Senior 9.375% Notes due December 23, 2011 issued by the Applicant and

the Ad Hoc Committee of Beneficial Owners of the Senior Notes for Crystallex, decision

having been reserved to this day: yxutsrponmlihedcbaYXWUTSRPONMLKJIHGFEDCBA

AD HOC COMMITTEE MOTION

1. THIS COURT ORDERS that the Ad Hoc Committee Motion is dismissed

in its entirety.

2. THIS COURT ORDERS that the costs of this motion, inclusive of taxes and

disbursements be paid jointly and severally by Edesio Biffoni, Gerald Cantwell, Robert

Danial, Justin Fine, Steven Kosson, Colin Murdoch, Grant Watson and David Werner as

follows:

(a) $40,000 to the DIP Lender;

(b) $5,000 to the Applicant; and

(c) $5,000 to Marc Oppenheimer and Robert Fung.

CONFIDENTIALITY

3. THIS COURT ORDERS that all materials filed in connection with this

Motion and the Ad Hoc Committee Motion that have been labelled as "Confidential" (the tsrponmiged
iKcAr (X
"Sealed Materials") shall be sealed and not form any part of the public record in this
" A. A
proceeding.
-3-

4. yxutsrponmlihedcbaYXWUTSRPONMLKJIHGFEDCBA
THIS COURT ORDERS that the Sealed Materials shall not be copied or

disseminated beyond counsel except as authorized by the Applicant or by further order

of this Court.

5. THIS COURT ORDERS that, subject to the endorsement of this court

dated June 7, 2016, any party may apply to the Court on proper notice to all parties in

interest to modify the provisions in paragraphs 3 and 4 of this Order and nothing in this

Order shall be deemed to prejudice their rights to seek such modification or to assert that

the Sealed Materials are not confidential.

This Order bears interest at 3% per annum.

ENTERED AT I INSCRlT A TORONTO

JUN 12 2018

PER/PAR*-
IN THE MATTER OF zyxwvutsrponmlkjihgfedcbaYWVUTSRPONMLKJIHGFEDCBA
a Plan of Compromise or Arrangement of Crystallex International
Corporation
Crystallex International Corporation Applicant Commercial List File No: CV-11-9532-00CL TRONIA

ONTARIO
SUPERIOR COURT OF JUSTICE
(Commercial List)

Proceeding commenced at Toronto

ORDER
CASSELS BROCK & BLACKWELL LLP
2100 Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2

TimPinos LSUC#: 20027U


Tel: 416.869.5784
Fax: 416.350.6903
tpinos@casselsbrock.com

Ryan Jacobs LSUC#: 59510J


Tel: 416.860.6465
Fax: 416.640.3189
rjacobs@casselsbrock.com
Shayne Kukulowicz LSUC#: 30729S
Tel: 416.860.6463
Fax: 416.640.3176
skukulowicz@casselsbrock.com
Counsel to Tenor KRY Cooperatief U.A., Tenor
Special Situation I, LLC and Luxembourg
Investment Company 31 S.a.r.l.